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DECREE

DEFINING THE FUNCTIONS, TASKS. POWERS AND ORGANIZATIONAL STRUCTURE OF VIETNAM ACADEMY OF SCIENCE AND TECHNOLOGY

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government:

At the proposal of the president of Vietnam Academy of Science and Technology.

DECREES:

Article 1. Position and functions

1. Vietnam Academy of Science and Technology is a non-business agency under the Government, performing the functions of conducting basic research into natural sciences and technology development according to the State's key orientations in order to provide scientific grounds for science and technology management and formulation of policies, strategies, plannings and plans on socio-economic development, and train scientific and technological human resources of high qualifications for the country in accordance with law.

2. Vietnam Academy of Science and Technology is its international transaction name, which is abbreviated to VAST.

Article 2. Tasks and powers

Vietnam Academy of Science and Technology (below referred to as the Academy for short) has the following specific tasks and powers:

1. To submit to the Government a draft decree defining, amending or supplementing the Academy's functions, tasks, powers and organizational structure: to submit to the Prime Minister for decision the establishment, renaming, reorganization or dissolution of the Academy's organizations or units falling within the Prime Minister's competence.

2. Regarding strategies, plannings, programs and plans and organization of their implementation:

a) To submit to the Government or the Prime Minister strategies, plannings, long-term, five-year and annual programs and plans, as well as important projects and schemes of the Academy; to organize the implementation of strategies, plannings, programs and plans after they are approved.

b) To participate in formulating strategies on the development of natural sciences and technologies: to participate in formulating policies to develop science, technology and education and training, contributing to protecting the country's natural resources and environment.

c) To conduct general research into natural resources, natural conditions and the environment in order to provide scientific bases for the formulation and promulgation of regional and national socio-economic development policies strategies, plannings and plans:

d) To carry out natural-science research and technology development activities according to the State's key orientations in the following domains: information technology; biotechnology, materials science: research into the sea, islands and marine works, ecology and environment, biological resources and natural compounds: electronic techniques: scientific and automation equipment: forecast, prevention, combat and mitigation of natural disasters; and space technology;

e) To propose, and assume the prime responsibility for implementing, state-level key scientific and technological programs as assigned by the Government or the Prime Minister;

f) To implement, apply and transfer new results of scientific and technological researches; to carry out production, business and service consultancy activities in professional domains in response to practical production and life requirements, contributing to building and developing hi-tech industries suitable to national socio-economic development plans in accordance with law;

g) To inform, forecast and provide early warnings of earthquakes and tsunamis;

h) To inform, propagate and disseminate scientific research and technological development knowledge and results to meet the development requirements of the science and technology market:

i) To evaluate, or participate in evaluating the technological level and considering and approving econ-technical foundations of key and important works of the State and localities at the request of the Government or the Prime Minister and at the proposal of competent state agencies:

j) To train scientific and technological human resources or high qualifications: to organize postgraduate training in natural sciences and technologies in accordance with law;

k) To decide on the Academy's investment projects according to law.

3. Regarding international cooperation:

a) To enter into international cooperation on science and technology in accordance with law:

b) To organize and inspect the implementation of signed international cooperation programs and projects;

c) To participate in international cooperation conferences, workshops and programs and decide on the organization of international conferences and workshops in accordance with law; to manage international cooperation conferences, workshops and plans of the Academy's attached units.

4. To decide on. and direct the implementation of the Academy's administrative reform program according to the objectives and contents of the state administrative reform program after it is approved by the Prime Minister.

5. Regarding payroll, cadres and employees:

a) To make the Academy's payroll plan and send it to the Ministry of Home Affairs for synthesis and submission to the Prime Minister for approval, to decide on the allocation of and manage, non-business payrolls of the Academy's attached agencies and units: to guide, inspect and examine the Academy's attached units in the observance of payroll management;

b) To decide on and organize the application of. specific measures to enhance administrative discipline among cadres and employees under the Academy's management: to prevent and combat corruption, practice thrift, combat waste and all phenomena of red tape and authoritarianism in the Academy's activities:

c) To supervise cadres, civil servants and laborers under the Academy's management in the observance of policies and laws and the performance of assigned tasks: to settle complaints and denunciations related to cadres and employees under the Academy's management according to law.

6. Regarding finance and asset management:

a) To make the Academy's annual budget estimates and submit them to competent state agencies for approval in accordance with the state budget law:

b) To decide on the allocation of norms and plans; to examine expenditures; to finalize revenues and expenditures and have the power to adjust them within the total approved revenue and expenditure limits in order to fulfill assigned tasks without changing the approved objectives or plans;

c) To manage finance and assets; to efficiently use state-allocated assets and other assets; to implement accounting and statistical regimes according to law.

7. Regarding management of state enterprises:

a) To direct the reorganization and renewal of enterprises under the Academy's management according to the Government's regulations: to organize the implementation of enterprise reorganization and renewal schemes after they are approved by the Prime Minister;

b) To perform specific tasks and exercise specific powers to represent the owner of state capital portions in enterprises under the Academy's management according to law.

8. To report to the Government, the Prime Minister or a line minister in accordance with law.

9. To perform other tasks and exercise other powers assigned by the Government or the Prime Minister and provided for by law.

Article 3. Organizational structure

1. The Organization and Personnel Department.

2. The Planning-Finance Department.

3. The Department for Technology Application and Development.

4. The International Cooperation Department.

5. The Inspection Department.

6. The Office (which may organize its own sections).

7. The Academy's representative agency in Ho Chi Minn City.

8. The Mathematics Institute.

9. The Physics Institute.

10. The Chemistry Institute.

11. The Institute of Natural Compounds Chemistry.

12. The Mechanics Institute.

13. The Institute of Ecology and Biological Resources.

14. The Geography Institute.

15. The Geology Institute.

16. The Global Physics Institute.

17. The Oceanography Institute.

18. The Institute of Marine Resources and Environment.

19. The Institute of Marine Geology and Geophysics.

20. The Energy Science Institute.

21. The Materials Science Institute.

22. The Information Technology Institute.

23. The Biotechnology Institute.

24. The Environment Technology Institute.

25. The Chemistry Technology Institute.

26. The Space Technology Institute.

27. The Institute of Mechanics and Applied Informatics.

28. The Tropical Biology Institute.

29. The Tropical Technique Institute.

30. The Institute of Applied Materials Science.

31. The Nha Trang Technology Research and Application Institute.

32. The Information-Data Center.

33. The Vietnam Natural History Museum.

34. The Natural Science and Technology Publishing House.

The units defined in Clauses 1 thru 7 of this Article are assisting units of the Academy president; the units defined in Clauses 3 thru 31 are research institutes: and the units defined in Clauses 32 thru 34 are non-business units.

Depending on its development requirements, the Academy president shall decide on the establishment, renaming, reorganization, merger or dissolution of the Academy's other attached non-business units and the establishment, renaming, reorganization, merger or dissolution of self-financing units and scientific and technological enterprises according to law.

Article 4. Leadership

1. Leadership:

a) The Academy is composed of the president and four vice presidents. The Academy president shall be appointed and relieved from office by the Prime Minister and bear responsibility before the Government and the Prime Minister for all activities of the Academy;

b) The Academy's vice presidents shall be appointed and relieved from office by the Prime Minister at the proposal of the Academy president and bear responsibility before the Academy president for the tasks assigned by the Academy president.

2. Competence of the Academy president:

a) To promulgate the Academy's Operation Regulation;

b) To define the functions, tasks, powers, organizational structures and work relations of the Academy's attached units:

c) To appoint, re-appoint, relieve from office or discipline heads and deputy heads of the Academy's attached units in accordance with law; to define the competence and responsibilities of heads of the Academy's attached units;

d)To decide on and decentralize management of organization and personnel: to assign autonomy and accountability for tasks, finance, assets, organizational apparatus and payrolls to the Academy's attached units according to law;

e) To plan, train, retrain, recruit, employ, transfer, rotate, decide on retirement of, extend the working duration of, commend, discipline, and implement other regimes and policies towards, cadres, employees and laborers under his)her management according to law;

f) To decide on the establishment of scientific councils to advise the Academy president on the Academy's scientific and technological development strategies, orientations and plans:

g) To exercise other powers in accordance with law.

Article 5. Implementation effect and responsibility

1. This Decree takes effect 15 days after its publication in "CONG BAO" and replaces the Government's Decree No. 27/2004/ND-CP of January 16, 2004, defining the functions, tasks, powers and organizational structure of the Vietnam Academy of Science and Technology.

2. To annul all previous regulations which are contrary to this Decree.

3. The president of Vietnam Academy of Science and Technology, ministers, heads of ministerial-level agencies, heads of government-attached agencies, and presidents of provincial) municipal People's Committees shall implement this Decree.